In Compliance with the National Flood Insurance Program, Tyler County has adopted a Floodplain Management Ordinance. This ordinance is geographically restricted to only those unincorporated portions of the county that are designated by the Federal Emergency Management Agency (FEMA) as a “Special Flood Hazard Area” (SFHA). This Tyler County Ordinance provides for “permitting” and “oversight” of “Development” (construction) within these SFHAs “only” regarding the elevation at which construction occurs (above Base Flood Elevation), the impact construction will have on existing drainage, or other flooding related issues. This ordinance specifically does not address the design, quality or methods of construction, licensing or qualifications of constructors, the type or quality of materials used, or other inspection issues.
A determination of SFHA status of the location of the development will be conducted by the Floodplain Management Office of the Tyler County Emergency Management Department to determine if the Tyler County permitting process will apply.
All Tyler County Cities (Woodville, Ivanhoe, Colmesneil, and Chester) have adopted a similar ordinance regulating development within the FEMA SFHA that is inside the borders of their city. These cities also have independent capability of enacting other ordinances, rules, or regulations, regarding construction within their jurisdictions. A determination of “permitting requirements” for locations within an incorporated city will be made by the designated official of the individual city.
The negation of there being a local permitting process applicable to a location in Tyler County does not eliminate the possibility that there may be other permitting processes from (either or both) the State or Federal Government applicable to development in Tyler County. This might include oversight by the Texas Commission on Environmental Quality (TCEQ), Texas Railroad Commission (TRR), the Environmental Protection Agency (EPA), and possibly others.